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Georgia Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Support for Georgia on
Q: My ex husband is past due over $5000. What can I do to get it. This is a court ordered.

I haven't received a payment since August. My ex received both stimulus checks. When I ask for an update they say no updates and they will reach out to the other state

Onyema Anene Farrey
Onyema Anene Farrey answered on Jan 17, 2021

If your ex is behind in his court-ordered child support or alimony payments, you will need to file a contempt action against him in the Court that issued the order. It is not clear who you are referring to by stating "they say no updates." If you are referring to child support services,... Read more »

1 Answer | Asked in Family Law for Georgia on
Q: So my ex husband and I get to switch years to claim our daughter on taxes he has odd years and I have even years.

So how and why does he get to keep it all.

Onyema Anene Farrey
Onyema Anene Farrey answered on Jan 17, 2021

It is not quite clear what you are asking. The IRS allows the custodial parent to claim the minor child on his/her taxes. The custodial parent is the parent who has the child more nights during the year than the other parent. However, the custodial parent can agree to allow the non-custodial parent... Read more »

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Gm.. My son lives in LA and I live in Ga how can I get him legitimized?
Regina Irene Edwards
Regina Irene Edwards answered on Jan 14, 2021

Contact an attorney where the mother lives. (not sure whether you mean Los Angeles or Louisiana.)

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1 Answer | Asked in Family Law and Child Support for Georgia on
Q: I'm being summons to go to court for child support what will happen at court and do i need a lawyer
Homer P Jordan IV
Homer P Jordan IV answered on Jan 11, 2021

We would need to know where you are in regard to the process in order to provide you with guidance. Is this your first time addressing child support, are you being called back in, etc.? It’s always a good idea to work with an attorney.

1 Answer | Asked in Adoption, Child Custody and Family Law for Georgia on
Q: i live in georgia and i’m 17 and my guardian keeps hitting me and saying it’s legal is it ?
Homer P Jordan IV
Homer P Jordan IV answered on Jan 6, 2021

No, it’s not legal for people to hit you and it should be reported.

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: I need to file a petition to have my ex-husbands parental rights terminated. Which form should I use (in Georgia)
Regina Irene Edwards
Regina Irene Edwards answered on Jan 4, 2021

There is no form. That request is not likely to be granted.

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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: I need to file a petition to have my ex-husbands parental rights terminated. Which form should I use (in Georgia)
Homer P Jordan IV
Homer P Jordan IV answered on Jan 4, 2021

There is no form to do something like that. If you feel there is a legal case regarding his parenting rights you should consult with an attorney who can review the facts of the case in detail and present you with the options.

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3 Answers | Asked in Child Support, Divorce and Family Law for Georgia on
Q: Is child support/alimony considered late due to the bank transfer taking 3 business days?

I pay 2750 a month in combined child support and alimony on the 1st and 15th of each month, and I set up a payment through my bank into my ex’s bank typically a week before it’s due. The money always comes out of my account before the 1st or the 15th, but sometimes my ex gets it late due to the... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Dec 30, 2020

With respect to child support and I suspect spousal maintenance as well the answer is “no”. While it is “due” on the 1st, it is not uncharacteristic for it to be paid on a person’s pay period end date, usually twice a month. For that reason, it is typical that a month’s support is not... Read more »

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1 Answer | Asked in Adoption and Family Law for Georgia on
Q: What can adoptive parents do if you email them expressing regret and grief? It’s a private “open adoption”.

I am the birth father. The adoptive parents knew they didn’t want a relationship with us, and didn’t let us know until after the adoption was finalized. It’s a nightmare come true.

Homer P Jordan IV
Homer P Jordan IV answered on Dec 29, 2020

The terms of the adoption should have been clear in writing from the start. If you feel they are in violation you should consult with attorney right away who can review the facts of your case in detail and present you with the options.

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: I recently found some private messages from my ex husband, and my eldest daughter attempting to convince my two children

.

Homer P Jordan IV
Homer P Jordan IV answered on Dec 23, 2020

It seems as though information is missing. What is it that he is trying to convince the children of?

3 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Q: Is my ex husband legally allowed to refuse my rights to visitation with my son if I owe back child support

I've been in and out of the hospital for the past four years and have been homeless for three years of that. My ex-husband, with whom I share joint custody, yesterday refused to allow me to see, talk to, and spend time with my son. He claims that legally he had the right to refuse me... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Dec 21, 2020

I agree with my colleague. The child support should not stand in the way of being able to visit with the child. However, since four years has passed since you have seen the kids it would be a good idea to work with someone to help insure that things go well getting back into the visits.

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3 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Q: Is my ex husband legally allowed to refuse my rights to visitation with my son if I owe back child support

I've been in and out of the hospital for the past four years and have been homeless for three years of that. My ex-husband, with whom I share joint custody, yesterday refused to allow me to see, talk to, and spend time with my son. He claims that legally he had the right to refuse me... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Dec 21, 2020

Parenting time is not connected to child support. However, given the time you have been away, it may be a good idea to set up counseling to ensure a smooth transition back to regular court ordered parenting time.

--Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777

Fair,...
Read more »

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: Can I sue someone for breaking up my marriage in Georgia?

My husband's female friends, parents, and relatives told my husband to leave me.

Regina Irene Edwards
Regina Irene Edwards answered on Dec 20, 2020

No.

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4 Answers | Asked in Divorce and Family Law for Georgia on
Q: Can I file a counterclaim after divorce?

My now ex husband talked me into not getting a lawyer for our divorce. His lawyer did not go over the paperwork with me and advised me it was simple enough to read without a lawyer. I want alimony. Can I still counter claim the divorce?

Michael David Birchmore
Michael David Birchmore answered on Dec 22, 2020

I agree with the first three responses. As long as the case is open and there have been no court orders which might limit the parties in what they can or cannot do, yes. You could file a counterclaim or, if you have already filed one, you could amend it.

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2 Answers | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: When our kids go to their dad he doesn't make them shower or brush their teeth. What can I do to fix this?

I've spoke to him and his wife about it but still no change. Theyll always have an excuse or simply say the kids are old enough to make their own decisions. Our son is 9 and daughter is 7.

Leo Hughes
Leo Hughes answered on Dec 20, 2020

I doubt the court will intervene to modify custody or find the father in contempt. The children’s welfare is not at stake for lack of bathing and brushing their teeth, although I understand the situation is concerning.

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2 Answers | Asked in Contracts, Divorce and Family Law for Georgia on
Q: Is adlutry still illegal in Georgia?

My husband cheated on me for 6 years out of the 8 years of our marriage. After he advised me of what he did, he filed for a no contest divorce, not telling his lawyer about his unfaithful actions. Alimony and child support are not included. What do I do?

Samantha A Holloway
Samantha A Holloway answered on Dec 20, 2020

File an Answer and a Counterclaim for Divorce once you are served with the papers. In the Counterclaim, you can mention the adultery and ask the court to award you child support and alimony.

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1 Answer | Asked in Family Law for Georgia on
Q: With a pending divorce, who has the right to choose a baby's last name?

I'm 3 months pregnant with my first child. The father and I are married but he walked out when I was 2 months pregnant and filed divorce papers a few days later ("irreconcilable differences"). My lawyer wanted to push the divorce through now and address custody later, but his lawyer... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Dec 18, 2020

This information should help you with determining the answer to your question:... Read more »

1 Answer | Asked in Family Law for Georgia on
Q: I live in Georgia. My daughter is 17, can she legally move out with a friend with my consent?
Homer P Jordan IV
Homer P Jordan IV answered on Dec 17, 2020

At 17, she has to live wherever her parent/guardian says she can live.

1 Answer | Asked in Adoption and Family Law for Georgia on
Q: What forms do I need to file to petition the court for relinquishing my parental rights and to ask for adoption reversed
Homer P Jordan IV
Homer P Jordan IV answered on Dec 7, 2020

Duplicate question - Adoption issues are something that you usually can’t do on your own. It would be wise to at least consult with an attorney who can review the facts of the case in detail and present you with the options, as well as provide you with direction for the proper course of action to... Read more »

1 Answer | Asked in Divorce, Family Law, Adoption and Child Support for Georgia on
Q: What forms do I need to file or how do I do a petition in Georgia to reverse a adoption
Homer P Jordan IV
Homer P Jordan IV answered on Dec 3, 2020

Adoption issues are something that you usually can’t do on your own. It would be wise to at least consult with an attorney who can review the facts of the case in detail and present you with the options, as well as provide you with direction for the proper course of action to take.

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